2d Circuit Case Commentaries

Confrontation Clause and Hearsay: The Mungo v. Duncan Decision

Date: Dec 29, 2004

Confrontation Clause and Hearsay: The Mungo v. Duncan Decision Introduction The case of Marcus Mungo v. George Duncan, decided by the United States Court of Appeals for the Second Circuit on December...

ERISA Equitable Tolling Affirmed in Veltri v. Building Service 32B-J Pension Fund

Date: Dec 28, 2004

ERISA Equitable Tolling Affirmed in Veltri v. Building Service 32B-J Pension Fund Introduction In Alfred Veltri v. Building Service 32B-J Pension Fund (393 F.3d 318), the United States Court of...

Intervening Cause and Proximate Causation in Breach of Good Faith and Fair Dealing: Affirmation of Nominal Damages

Date: Dec 24, 2004

Intervening Cause and Proximate Causation in Breach of Good Faith and Fair Dealing: Affirmation of Nominal Damages Introduction The case of National Market Share, Inc., a Delaware Corporation,...

Affirmation of Dismissal in Age and Gender Discrimination Claims under ADA and Title IX: Curto v. Edmundson et al.

Date: Dec 18, 2004

Affirmation of Dismissal in Age and Gender Discrimination Claims under ADA and Title IX: Curto v. Edmundson et al. Introduction The case of Patricia J. Curto v. Dr. Katherine Edmundson, Dr. Hunter...

Requirement of Specific Knowledge and Intent for Conspiracy Convictions: Insights from United States v. Rodriguez

Date: Dec 17, 2004

Requirement of Specific Knowledge and Intent for Conspiracy Convictions: Insights from United States v. Rodriguez Introduction In the case of United States v. Luis Rodriguez, the United States Court...

Special Needs Exception Affirmed in Environmental Regulatory Inspections: Palmieri v. Lynch

Date: Dec 11, 2004

Special Needs Exception Affirmed in Environmental Regulatory Inspections: Palmieri v. Lynch Introduction Palmieri v. Lynch, 392 F.3d 73 (2d Cir. 2004), is a pivotal case in the realm of Fourth...

Second Circuit Clarifies Trademark Dilution Standards Under the Federal Trademark Dilution Act

Date: Dec 11, 2004

Second Circuit Clarifies Trademark Dilution Standards Under the Federal Trademark Dilution Act Introduction In Savin Corporation v. The Savin Group, SA, 391 F.3d 439 (2d Cir. 2004), the United States...

Extension of Appeal Time in Personal Injury Cases: Wilma Williams v. KFC National Management Company

Date: Dec 10, 2004

Extension of Appeal Time in Personal Injury Cases: Wilma Williams v. KFC National Management Company Introduction In the landmark case of Wilma Williams v. KFC National Management Company, the United...

Shakur v. Selsky: Strengthening Prisoners' First Amendment and Religious Rights

Date: Dec 7, 2004

Shakur v. Selsky: Strengthening Prisoners' First Amendment and Religious Rights Introduction Shabaka Shakur v. Donald Selsky, et al., 391 F.3d 106 (2d Cir. 2004), is a significant appellate decision...

Reassessing Carrier Liability Under the Carmack Amendment: Insights from Security Insurance v. Old Dominion Freight Lines

Date: Dec 3, 2004

Reassessing Carrier Liability Under the Carmack Amendment: Insights from Security Insurance Company of Hartford v. Old Dominion Freight Lines Introduction The landmark case of Security Insurance...

Defining Probable Cause and Fraudulent Billing in Healthcare: A Comprehensive Analysis of United States v. Singh

Date: Nov 24, 2004

Defining Probable Cause and Fraudulent Billing in Healthcare: A Comprehensive Analysis of United States v. Singh Introduction United States v. Singh, 390 F.3d 168 (2d Cir. 2004), stands as a pivotal...

Likelihood of Consumer Confusion in Trademark Infringement: Insights from Playtex v. Georgia-Pacific

Date: Nov 24, 2004

Likelihood of Consumer Confusion in Trademark Infringement: Insights from Playtex Products, Inc. v. Georgia-Pacific Corporation and Fort James Operating Corporation Introduction The case of Playtex...

Clarifying the Actual Innocence Exception under AEDPA: Doe v. Menefee

Date: Nov 20, 2004

Clarifying the Actual Innocence Exception under AEDPA: Doe v. Menefee Introduction In the case of John Doe v. Frederick Menefee, Warden, adjudicated by the United States Court of Appeals for the...

Establishing Objective Standards in Prisoner First Amendment Retaliation Claims: Gill v. PIDLYPCHAK and Dygert

Date: Nov 20, 2004

Establishing Objective Standards in Prisoner First Amendment Retaliation Claims: Gill v. PIDLYPCHAK and Dygert Introduction Case: Anthony G. Gill v. Chris PIDLYPCHAK and T.G. Dygert Court: United...

Affirmation of Harmless Error Application under AEDPA: Gutierrez v. McGinnis

Date: Nov 16, 2004

Affirmation of Harmless Error Application under AEDPA: Gutierrez v. McGinnis Introduction In Gutierrez v. McGinnis, 389 F.3d 300 (2d Cir. 2004), the United States Court of Appeals for the Second...

Ex Parte Submissions and Due Process in Bail Proceedings: United States v. Abuhamra

Date: Nov 16, 2004

Ex Parte Submissions and Due Process in Bail Proceedings: United States v. Abuhamra Introduction United States of America v. Mohammed Abuhamra is a pivotal appellate decision from the United States...

Clarifying the "Good Cause" Standard in ERISA Benefits Determinations: Locher v. UNUM Life Insurance Company of America

Date: Nov 13, 2004

Clarifying the "Good Cause" Standard in ERISA Benefits Determinations: Locher v. UNUM Life Insurance Company of America Introduction The case of Marianne Locher v. UNUM Life Insurance Company of...

Butts v. Barnhart: Abuse of Discretion Standard for Remanding SSDI Cases Due to Missing Vocational Expert Testimony

Date: Nov 4, 2004

Butts v. Barnhart: Abuse of Discretion Standard for Remanding SSDI Cases Due to Missing Vocational Expert Testimony Introduction William E. Butts appealed the decision of the United States District...

Second Circuit Upholds Decision to Not Resolve Sentencing Disputes When Irrelevant to Final Sentence in United States v. Figuerate

Date: Oct 30, 2004

Second Circuit Upholds Decision to Not Resolve Sentencing Disputes When Irrelevant to Final Sentence in United States v. Figuerate Introduction The case of United States of America v. Juan Figuerate...

Arbitration of Antitrust Conspiracy Claims in Class Actions: Insights from JLM Industries v. Stolt-Nielsen

Date: Oct 27, 2004

Arbitration of Antitrust Conspiracy Claims in Class Actions: Insights from JLM Industries v. Stolt-Nielsen Introduction The case of JLM Industries, Inc. v. Stolt-Nielsen SA serves as a pivotal moment...

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